BILL NUMBER: AB 15	CHAPTERED  10/10/99

	CHAPTER   648
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 6, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	PASSED THE SENATE   SEPTEMBER 8, 1999
	AMENDED IN SENATE   SEPTEMBER 3, 1999
	AMENDED IN SENATE   SEPTEMBER 2, 1999
	AMENDED IN SENATE   AUGUST 26, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN SENATE   JUNE 22, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   APRIL 5, 1999
	AMENDED IN ASSEMBLY   FEBRUARY 8, 1999

INTRODUCED BY   Assembly Member Gallegos
   (Coauthors:  Assembly Members Calderon, Cunneen, Knox, Kuehl,
Lempert, Romero, Shelley, and Washington)
   (Coauthor:  Senator Speier)

                        DECEMBER 7, 1998

   An act to amend and renumber Section 38048 of, and to add Section
38047.5 to, the Education Code, and to repeal and add Section 27316
of the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 15, Gallegos.  Schoolbuses:  passenger restraint systems:
seats.
   (1) Existing law requires the State Board of Education to adopt
regulations relating to the use of schoolbuses by school districts
and others.
   This bill would require the board to adopt regulations to require
a passenger in a schoolbus equipped with passenger restraint systems,
as specified, to use a passenger restraint system so that the
passenger is properly restrained.
   (2) Existing law requires, at least once in each school year, all
pupils in prekindergarten, kindergarten, and grades 1 to 8,
inclusive, who receive home-to-school transportation to receive
safety instruction, as specified.
   This bill would require safety instruction in the use of passenger
restraint systems, as specified.
   (3) Existing federal law requires seatbelts for schoolbuses that
have a gross vehicle weight of 10,000 pounds or less and establishes
other seating and crash protection standards, as specified.
   This bill would require that schoolbuses manufactured on or after
January 1, 2002, and purchased or leased for use in California have a
"passenger restraint system," as specified, at all designated
seating positions, unless specifically prohibited by the National
Highway Transportation Safety Administration.  Because a violation of
this provision would be a crime, the bill would impose a
state-mandated local program by creating a new crime.  The bill would
provide that no person, school district, or organization, with
respect to a schoolbus equipped with passenger restraint systems
pursuant to the above requirement, may be charged for a violation of
the Vehicle Code or any regulation adopted thereunder requiring a
passenger to use a passenger restraint system, if a passenger on the
schoolbus fails to use or improperly uses that system.  The bill
would make a related statement of legislative intent.
   (4) Existing law requires the department to complete a study by
March 1, 1987, on the appropriateness of requiring that all type one
schoolbuses or school pupil activity buses be equipped with a set of
safety belts for each passenger.
   This bill would repeal that obsolete provision of law.
   (5) This bill would incorporate additional changes in Section
38048 of the Education Code proposed by AB 1573, to become operative
only if both bills are enacted and become operative on or before
January 1, 2000, and this bill is enacted last.
  (6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 38047.5 is added to the Education Code, to
read:
   38047.5.  The State Board of Education shall adopt regulations to
require a passenger in a schoolbus equipped with passenger restraint
systems in accordance with Section 27316 of the Vehicle Code to use a
passenger restraint system so that the passenger is properly
restrained by that system.
  SEC. 2.  Section 38048 of the Education Code is amended and
renumbered to read:
   39831.5.  (a) All pupils in prekindergarten, kindergarten, and
grades 1 to 12, inclusive, in public or private school who are
transported in a schoolbus or school pupil activity bus shall receive
instruction in schoolbus emergency procedures and passenger safety.
The county superintendent of schools, superintendent of the school
district, or owner/operator of a private school, as applicable, shall
ensure that the instruction is provided as follows:
   (1) Upon registration, the parents or guardians of all pupils not
previously transported in a schoolbus or school pupil activity bus
and who are in prekindergarten, kindergarten, and grades 1 to 6,
inclusive, shall be provided with written information on schoolbus
safety.  The information shall include, but not be limited to, all of
the following:
   (A) A list of schoolbus stops near each pupil's home.
   (B) General rules of conduct at schoolbus loading zones.
   (C) Red light crossing instructions.
   (D) Schoolbus danger zone.
   (E) Walking to and from schoolbus stops.
   (2) At least once in each school year, all pupils in
prekindergarten, kindergarten, and grades 1 to 8, inclusive, who
receive home-to-school transportation shall receive safety
instruction that includes, but is not limited to, proper loading and
unloading procedures, including escorting by the driver, instruction
on the use of passenger restraint systems, as described in paragraph
(3), proper passenger conduct, bus evacuation, and location of
emergency equipment.  Instruction also may include responsibilities
of passengers seated next to an emergency exit.  As part of the
instruction, pupils shall evacuate the schoolbus through emergency
exit doors.
   (3) Instruction on the use of passenger restraint systems shall
include, but not be limited to, all of the following:
   (A) Proper fastening and release of the passenger restraint
system.
   (B) Acceptable placement of passenger restraint systems on pupils.

   (C) Times at which the passenger restraint systems should be
fastened and released.
   (D) Acceptable placement of the passenger restraint systems when
not in use.
   (4) Prior to departure on a school activity trip, all pupils
riding on a schoolbus or school pupil activity bus shall receive
safety instruction that includes, but is not limited to, location of
emergency exits, and location and use of emergency equipment.
Instruction also may include responsibilities of passengers seated
next to an emergency exit.
   (b) The following information shall be documented each time the
instruction required by paragraph (2) of subdivision (a) is given:
   (1) Name of school district, county office of education, or
private school.
   (2) Name and location of school.
   (3) Date of instruction.
   (4) Names of supervising adults.
   (5) Number of pupils participating.
   (6) Grade levels of pupils.
   (7) Subjects covered in instruction.
   (8) Amount of time taken for instruction.
   (9) Bus driver's name.
   (10) Bus number.
   (11) Additional remarks.
   The information recorded pursuant to this subdivision shall remain
on file at the district or county office, or at the school, for one
year from the date of the instruction, and shall be subject to
inspection by the Department of the California Highway Patrol.
  SEC. 2.5.  Section 38048 of the Education Code is amended and
renumbered to read:
   39831.5.  (a) All pupils in prekindergarten, kindergarten, and
grades 1 to 12, inclusive, in public or private school who are
transported in a schoolbus or school pupil activity bus shall receive
instruction in schoolbus emergency procedures and passenger safety.
The county superintendent of schools, superintendent of the school
district, or owner/operator of a private school, as applicable, shall
ensure that the instruction is provided as follows:
   (1) Upon registration, the parents or guardians of all pupils not
previously transported in a schoolbus or school pupil activity bus
and who are in prekindergarten, kindergarten, and grades 1 to 6,
inclusive, shall be provided with written information on schoolbus
safety.  The information shall include, but not be limited to, all of
the following:
   (A) A list of schoolbus stops near each pupil's home.
   (B) General rules of conduct at schoolbus loading zones.
   (C) Red light crossing instructions.
   (D) Schoolbus danger zone.
   (E) Walking to and from schoolbus stops.
   (2) At least once in each school year, all pupils in
prekindergarten, kindergarten, and grades 1 to 8, inclusive, who
receive home-to-school transportation shall receive safety
instruction that includes, but is not limited to, proper loading and
unloading procedures, including escorting by the driver, how to
safely cross the street, highway, or private road, instruction on the
use of passenger restraint systems, as described in paragraph (3),
proper passenger conduct, bus evacuation, and location of emergency
equipment.  Instruction also may include responsibilities of
passengers seated next to an emergency exit.  As part of the
instruction, pupils shall evacuate the schoolbus through emergency
exit doors.
   (3) Instruction on the use of passenger restraint systems shall
include, but not be limited to, all of the following:
   (A) Proper fastening and release of the passenger restraint
system.
   (B) Acceptable placement of passenger restraint systems on pupils.

   (C) Times at which the passenger restraint systems should be
fastened and released.
   (D) Acceptable placement of the passenger restraint systems when
not in use.
   (4) Prior to departure on a school activity trip, all pupils
riding on a schoolbus or school pupil activity bus shall receive
safety instruction that includes, but is not limited to, location of
emergency exits, and location and use of emergency equipment.
Instruction also may include responsibilities of passengers seated
next to an emergency exit.
   (b) The following information shall be documented each time the
instruction required by paragraph (2) of subdivision (a) is given:
   (1) Name of school district, county office of education, or
private school.
   (2) Name and location of school.
   (3) Date of instruction.
   (4) Names of supervising adults.
   (5) Number of pupils participating.
   (6) Grade levels of pupils.
   (7) Subjects covered in instruction.
   (8) Amount of time taken for instruction.
   (9) Bus driver's name.
   (10) Bus number.
   (11) Additional remarks.
   The information recorded pursuant to this subdivision shall remain
on file at the district or county office, or at the school, for one
year from the date of the instruction, and shall be subject to
inspection by the Department of the California Highway Patrol.
  SEC. 3.  Section 27316 of the Vehicle Code is repealed.
  SEC. 4.  Section 27316 is added to the Vehicle Code, to read:
   27316.  (a) Unless specifically prohibited by the National Highway
Transportation Safety Administration, all schoolbuses manufactured
on or after January 1, 2002, and purchased or leased for use in
California shall be equipped at all designated seating positions with
a combination pelvic and upper torso passenger restraint system.
   (b) For purposes of this section, a "passenger restraint system"
is a restraint system that is in compliance with Federal Motor
Vehicle Safety Standard 209, for a type 2 seatbelt assembly, and with
Federal Motor Vehicle Safety Standard 210, as those standards were
in effect on the date the schoolbus was manufactured.
   (c) No person, school district, or organization, with respect to a
schoolbus equipped with passenger restraint systems pursuant to this
section, may be charged for a violation of this code or any
regulation adopted thereunder requiring a passenger to use a
passenger restraint system, if a passenger on the schoolbus fails to
use or improperly uses the passenger restraint system.
   (d) It is the intent of the Legislature that, in implementing this
section, school pupil transportation providers work to prioritize
the allocation of schoolbuses purchased, leased, or contracted for
after January 1, 2002, to ensure that elementary-level schoolbus
passengers receive first priority for new schoolbuses whenever
feasible.
  SEC. 5.  Section 2.5 of this bill incorporates amendments to
Section 38048 of the Education Code proposed by both this bill and
Assembly Bill 1573.  It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2000, (2)
each bill either amends or amends and renumbers Section 38048 of the
Education Code, and (3) this bill is enacted after Assembly Bill
1573, in which case Section 38048 of the Education Code, as amended
by Assembly Bill 1573, shall remain operative only until the
operative date of this bill, at which time Section 2.5 of this bill
shall become operative and, Section 2 of this bill shall not become
operative.
  SEC. 6.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
